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Home My WebLink AboutPR 19347: DESIGNATING AREAS OF THE CITY OF PORT ARTHUR AS NEIGHBORHOOD EMPOWERMENT ZONES #7 AND #8 P.R.NO.19347 03/30/2016-PDL PAGE 1 OF 13 RESOLUTION NO. A RESOLUTION DESIGNATING AREAS OF THE CITY OF PORT ARTHUR AS NEIGHBORHOOD EMPOWERMENT ZONES #7 AND #8 PURSUANT TO THE TEXAS NEIGHBORHOOD EMPOWERMENT ZONE ACT (TEXAS LOCAL GOVERNMENT CODE, CHAPTER 378); PROVIDING TAX INCENTIVES; ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA; AND DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE EMPOWERMENT ZONE. WHEREAS, the City is authorized under Texas Local Government Code, Chapter 378 to create a Neighborhood Empowerment Zone if the City determines that the zone would promote: (1) the creation of affordable housing, including manufactured housing, in the zone; (2) an increase in economic development in the zone; (3) an increase in the quality of social services, education, or public safety provided to residents of the zone; or (4) the rehabilitation of affordable housing in the zone (Exhibit "A"); and, WHEREAS, to further this purpose, it is in the best interest of the City to designate such areas as Neighborhood Empowerment Zones #7 and #8 pursuant to the Texas local Government Code, Chapter 378; and, WHEREAS, the City Council finds and determines that the creation of the zones satisfies the requirements of the Texas Redevelopment and Tax Abatement Act, specifically Tax Code Section 312.202, as delineated in Exhibit"B"; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the facts and opinions in the preamble are true and correct. SECTION 2. That the City Council hereby designates the areas set forth in Exhibits "C" and "D", attached hereto and incorporated herein for all purposes, as Neighborhood Empowerment Zones. P.R.NO.19347 03/30!2016-PDL PAGE 2 OF 13 SECTION 3. That the City Council finds that the zones met the qualification of the Texas local Government Code, Chapter 378 SECTION 4. That the City Council finds that the creation of the zones benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the City of Port Arthur. SECTION 5. That the City Council directs and designates the City Manager as the City's authorized representative, to act in all matters pertaining to the designation of the areas described herein as Neighborhood Empowerment Zones#7 and#8. SECTION 5. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of April, A.D., 2016, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council Noes Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.R.NO.19347 03/30/2016-PDL PAGE 3 OF 13 APPROVED AS TO FORM: / aP Valecia"Val" Tio, City ttome APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager /ilk Ronald"Ron" Burton, Director of Development Services P.R.NO.19347 03/30/2016-PDL PAGE 4 OF 13 Exhibit "A" P.R.NO.19347 03/30/2016-PDL PAGE 5 OF 13 LOCAL GOVERNMENT CODE CHAPTER 378.NEIGHBORHOOD EMPOWERMENT ZONE Page 1 of 2 LOCAL GOVERNMENT CODE TITLE 12. PLANNING AND DEVELOPMENT SUBTITLE A. MUNICIPAL PLANNING AND DEVELOPMENT CHAPTER 378. NEIGHBORHOOD EMPOWERMENT ZONE Sec. 378.001. DEFINITION. In this chapter, "zone" means a neighborhood empowerment zone created by a municipality under this chapter. Added by Acts 1999, 76th Leg. , ch. 305, Sec. 1, eff. May 29, 1999. Sec. 378.002. CREATION OF ZONE. A municipality may create a neighborhood empowerment zone covering a part of the municipality if the municipality determines the creation of the zone would promote: (1) the creation of affordable housing, including manufactured housing, in the zone; (2) an increase in economic development in the zone; (3) an increase in the quality of social services, education, or public safety provided to residents of the zone; or (4 ) the rehabilitation of affordable housing in the zone. Added by Acts 1999, 76th Leg. , ch. 305, Sec. 1, eff. May 29, 1999. Sec. 378.003. ADOPTION OF ZONE. (a) A municipality may create a zone if the governing body of the municipality adopts a resolution containing: (1) the determination described by Section 379. '0_; (2) a description of the boundaries of the zone; (3) a finding by the governing body that the creation of the zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the municipality; and (4 ) a finding by the governing body that the creation of the zone satisfies the requirements of Section 312.202, Tax Code. (b) A municipality may create more than one zone and may include an area in more than one zone. Added by Acts 1999, 76th Leg. , ch. 305, Sec. 1, eff. May 29, 1999. http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.378.htm state.tx.us/Docs/LG/htm/LG.378.htm 3/30/2016 P.R.NO.19347 03/30/2016-PDL PAGE 6 OF 13 LOCAL GOVERNMENT CODE CHAPTER 378.NEIGHBORHOOD EMPOWERMENT ZONE Page 2 of 2 Sec. 378.004. MUNICIPAL POWERS. In addition to other powers that a municipality may exercise, a municipality may: (1) waive or adopt fees related to the construction of buildings in the zone, including fees related to the inspection of buildings and impact fees; (2) enter into agreements, for a period of not more than 10 years, for the purpose of benefiting the zone, for refunds of municipal sales tax on sales made in the zone; (3) enter into agreements abating municipal property taxes on property in the zone subject to the duration limits of Section 312. 204, Tax Code; and (4 ) set baseline performance standards, such as the Energy Star Program as developed by the Department of Energy, to encourage the use of alternative building materials that address concerns relating to the environment or to the building costs, maintenance, or energy consumption. Added by Acts 1999, 76th Leg. , ch. 305, Sec. 1, eff. May 29, 1999. Amended by Acts 2001, 77th Leg. , ch. 1263, Sec. 5, eff. Sept. 1, 2001 . http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.378.htm 3/30/2016 P.R.NO.19347 03/30/2016-PDL PAGE 7 OF 13 Exhibit "B" P.R.NO.19347 03/30/1016-PDL PAGE 8 OF 13 TAX CODE CHAPTER 312. PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT Page 1 of 2 Sec. 312.202. CRITERIA FOR REINVESTMENT ZONE. (a) To be designated as a reinvestment zone under this subchapter, an area must: (1) substantially arrest or impair the sound growth of the municipality creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of: (A) a substantial number of substandard, slum, deteriorated, or deteriorating structures; (B) the predominance of defective or inadequate sidewalks or streets; (C) faulty size, adequacy, accessibility, or usefulness of lots; (D) unsanitary or unsafe conditions; (E) the deterioration of site or other improvements; (F) tax or special assessment delinquency exceeding the fair value of the land; (G) defective or unusual conditions of title; (H) conditions that endanger life or property by fire or other cause; or (I) any combination of these factors; (2) be predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impair or arrest the sound growth of the municipality; (3) be in a federally assisted new community located in a home-rule municipality or in an area immediately adjacent to a federally assisted new community located in a home-rule municipality; (4 ) be located entirely in an area that meets the requirements for federal assistance under Section 119 of the Housing and Community Development Act of 1974 (42 U.S.C. Section 5318) ; (5) encompass signs, billboards, or other outdoor advertising structures designated by the governing body of the municipality for relocation, reconstruction, or removal for the purpose of enhancing the physical environment of the municipality, which the legislature declares to be a public purpose; or (6) be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.312.htm 3/30/2016 P.R.NO.19347 03/30t2016-PDL PAGE 9 OF 13 TAX CODE CHAPTER 312. PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT Page 2 of 2 investment in the zone that would be a benefit to the property and that would contribute to the economic development of the municipality. (b) For purposes of this section, a federally assisted new community is a federally assisted area: (1) that has received or will receive assistance in the form of loan guarantees under Title X of the National Housing Act (12 U.S.C. Section 1749aa et seq. ) ; and (2) a portion of which has received grants under Section 107 of the Housing and Community Development Act of 1974 (42 U.S.C. Section 5307 ) made pursuant to the authority created by that section for grants in behalf of new communities assisted under Title VII of the Housing and Urban Development Act of 1970 or Title IV of the Housing and Urban Development Act of 1968 or in behalf of new community projects assisted under Title X of the National Housing Act (12 U.S.C. Section 1749aa et seq. ) . Added by Acts 1987, 70th Leg. , ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg. , ch. 2, Sec. 14 . 09 (a) , eff. Aug. 28, 1989; Acts 1989, 71st Leg. , ch. 1106, Sec. 29, eff. Aug. 28, 1989. http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.312.htm 3/30/2016 P.R.NO.19347 03/30/2016-PDL PAGE 10 OF 13 Exhibit "C" P.R.NO.19347 03/30/2016-PDL PAGE 11 OF 13 City of Port Arthur Proposed Empowerment Zone Area 16 " /\ Legend 1 Empowerment Zone 16 Area Comrneruai Properties Residential Properties eor. Apgor woow.eea*awl m.Ponos b.mo.sme•H Zr...Ana re Ps mamma Pr rern.-a3 s%Nr POPI Cernmeruw Pnapwrm -r e2%(27pop) Anew mnso0 Propn.a-re 2%(27 Poe liable Nene-CaemercW Prepares Mrrrnm 23 900 Mammon 4 633.320 NW 766.392 59 .....__-.. Sum'.20.972.800 Twee,Wises-Residential Properties M msn 100 t Mmumran 203.130 bun 3113.060 a � � • �• �r rYYi lr+~�. P.R.NO.19347 03/30/2016-PDL PAGE 12 OF 13 Exhibit "D" - no• City of Port Arthur Proposed Empowerment Zone Area 16-2 w a 1.1.1 toe wr -4 r - - K, 15111 , d .. k1U .S11 7 1 g • 00 � . un. • I . • a Logond E i l E roo.� Zone 16-2 ..._.__.__._1 d33 } JCwmwael Prop.rte L_I .__r-------:------ 1 . 1 „,..,,............„.........,. 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